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You can check your demerit point balance in one of three (3) ways:-
That’s the easy part. Interpreting the contents of the Traffic Record you have just received is often a much bigger hurdle.
Your allocated demerit point threshold will depend on the type of licence that you hold. If you have a Provisional 1 (Red Ps) Licence you have 4 points; a Provisional 2 (Green Ps) Licence has 7 points; an Unrestricted (Black) Licence has 13 points. If you are someone who is required to drive for work then you may make an application to the RMS to be declared a professional driver. If this application is accepted, you will have 14 points.
If you exceed your allocated demerit points in three years your licence will be suspended for a period of time by the Roads and Maritime Service. Generally speaking, provisional licence holders will be suspended for a period of three months. This decision can be appealed to the Local Court. For full licence drivers, the length of suspension will depend on the number of demerit points you have incurred during that three year period. That suspension cannot be appealed to the Local Court. Rather, you will have the option of either serving the suspension period or electing to be on ‘good behaviour’. This option allocates you a further one point for the next twelve months. However, if you incur more than one demerit point in the next twelve months, your original suspension will be imposed and the period will be doubled.
The next thing to look at is how that three year period is calculated. It may be easier if you think of each infringement as having a running three year timer attached to them. Once three years has passed, the demerit points for that infringement will stop counting towards your demerit point total.
It is important to realise that the RMS will issue a suspension if you cross your demerit point threshold in any three year period. Many people fall into the trap of delaying payment of a ticket until the three years for an earlier ticket has passed, or until a good behaviour licence period has finished. This will not help. If the offence occurred within the three year period, this will be detected and a suspension period will arise.
If you have received a traffic infringement and are concerned that this will breach your good behaviour licence or push you over your demerit point threshold you should seek legal advice immediately. You will have the option of electing to have the matter heard in Court. If a Magistrate chooses to deal with the matter by way of a section 10 non-conviction, the demerit points will not be applied to your licence. A specialist traffic lawyer will be able to advise you on the options available to you and your prospects in Court.
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Contact Armstrong Legal:
Sydney: (02) 9261 4555
Melbourne: (03) 9620 2777
Brisbane: (07) 3229 4448
Canberra: (02) 6288 1100